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Minutes City Council 8 6 07 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the Council. Invocation was provided by Pastor Robert De Corah, Grandview Heights Baptist Church PROCLAMATION Responsible Gaming Week (August 6–10, 2007) was accepted by Bruce Wentworth, Dubuque Racing Association, 1855 Greyhound Road. PRESENTATION 1,000 Friends of Iowa Best Development Award Presentation was accepted by John Gronen, of Gronen Properties, 1086 Main Street; Public Health Specialist Mary Rose Corrigan, 1300 Main Street; and Architect Jeff Morton, 206 Bluff Street. CONSENT ITEMS Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by Jones. Braig requested (#21) Comprehensive Plan Goals be held for separate discussion. Motion carried 7.0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/16, 6/26, and 7/5; City Council of 7/16; Electrical Code Board of 7/23; Housing Code Appeals Board of 3/20; Investment Oversight Advisory Commission of 7/31; Library Board of Trustees of 5/24 and 6/15; Park and Recreation Commission of 7/10. Proofs of publication of City Council Proceedings of July 2 and 9, 2007 and List of Claims and Summary of Revenues for month ended June 30, 2007; Substance Abuse Services th Center Fourth Quarterly Report; Investment Oversight Advisory Commission 57 Quarterly Report. Upon motion the documents were received and filed. Notice of Claims/Suits: Elmer Arensdorf for property damage; Richard and Linda Cathman for property damage; Joseph H. Fecker, Jr. for property damage; Jean Heim for vehicle damage; Grace Keith for property damage; Karen Leicht for property damage; Krystle Lorenz for property damage; Neil Pitman for property damage; David and Ellen Rath for property damage; Anthony Rokusek for property damage; Donald and Katherine Schneider for property damage; Nelle Trefz for property damage; John and Valerie Herber for property damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: American Family Insurance for vehicle damage; Elmer Arensdorf for property damage; Lisa Bowers for property damage; William Brown for property damage; Linda and Richard Cathman for property damage; Joseph H. Fecker, Jr. for property damage; Jean Heim for vehicle damage; David and Ellen Rath for property damage; Beth Hilkin for property damage; Lisa Huinker for property damage; Tracy Little for property damage; Joan Overhouse for property damage; Donald and Katherine Schneider for property damage; Ann Till for property damage; Julie Welter for property damage; Neil Pitman for property damage. City Attorney recommending that the claims of Karen Leicht, Grace Keith, Nelle Trefz, and Krystle Lorenz for property damage be referred to Tricor Insurance and Financial Services. Upon motion the documents were received and filed and concurred. Citizen Communications: Communication from Jeanne Beeghley, 3060 Deerwood Circle, regarding the condition of Asbury Road from St. Ambrose west to JFK Road, and the intersection of Cedar Cross Road and Highway 20. Communication from Judy Dupont and the Cyril G. Habel Family, 13212 Sherrill Road, regarding the intersection of the Northwest Arterial and Asbury Road. Communication from Esther Thome, 2820 Brunswick Street, requesting to purchase a portion of a City street/alley abutting her property. Communication from David L. Clemens, representing Denise Keller, requesting to purchase a portion of an alley abutting the property at 1819 Pierce Street. Upon motion the documents were received and filed and referred to the City Manager. All-America City: Communication from the National League of Cities congratulating the City of Dubuque on receiving the 2007 All-America City award. Communication from the City of Hollywood, Florida congratulating the City of Dubuque on receiving the 2007 All-America City award. Upon motion the documents were received and filed. Civil Service Commission: Civil Service Commission submitting the certified list for the positions of Records Supervisor and Police Officer. Upon motion the documents were received and filed and made a Matter of Record. Office of the City Assessor: Communication from the City Assessor advising that Vickie Ann Glab has appealed her 2007 property tax assessment to the Property Assessment Appeal Board in Des Moines. Upon motion the documents were received and filed. Community Development Block Grant Purchase of Service Agreements: City Manager recommending approval of an amendment to the Community Development Block Grant (CDBG) Purchase of Service Agreements for the Northeast Iowa School of Music, Dubuque County ISU Extension and the Four Mounds Foundation. Upon motion the documents were received, filed, and approved. Purchase of Property – 2100 Kniest Street: City Manager recommending approval to purchase a residential duplex dwelling located at 2100 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 402-07 Approving the acquisition of real estate located at 2100 Kniest Street in the City of Dubuque was adopted. Purchase of Property – 2249 and 2251 Prince Street: City Manager recommending approval to purchase a residential duplex dwelling located at 2249 and 2251 Prince Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion 2 the documents were received and filed and Resolution No. 403-07 Approving the acquisition of real estate located at 2249 and 2251 Prince Street in the City of Dubuque was adopted. Purchase of Property – 2006 Kniest Street: City Manager recommending approval to purchase a residential dwelling located at 2006 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 404-07 Approving the acquisition of real estate located at 2006 Kniest Street in the City of Dubuque was adopted. Purchase of Property – 2234 Washington Street: City Manager recommending approval to purchase a residential dwelling located at 2234 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 405-07 Approving the acquisition of real estate located at 2234 Washington Street in the City of Dubuque was adopted. Purchase of Property – 509 Rhomberg Avenue: City Manager recommending approval to purchase a residential dwelling located at 509 Rhomberg Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 406-07 Approving the acquisition of real estate located at 509 Rhomberg Avenue in the City of Dubuque was adopted. Request for Proposals for “Green” Consulting Services: City Manager recommending approval of the issuance of a request for proposals for consulting services related to advancing Dubuque as a sustainable community and to include energy management consulting, monitoring and education, and identification and implementation of energy use reduction strategies for the benefit of low and moderate-income homeowners and tenants in the downtown neighborhoods. Upon motion the documents were received, filed, and approved. Community Development Block Grant (CDBG) Agreement: City Manager recommending approval of the Fiscal Year 2008 Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development in the amount of $1,252,136. Upon motion the documents were received and filed and Resolution No. 407-07 Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development was adopted. Purchase of Service Agreements – Amendments: City Manager recommending approval of an amendment to the Community Development Block Grant Purchase of Service Agreements for the Washington Neighborhood Tool Library, Project Concern, and Hills and Dales. Upon motion the documents were received, filed, and approved. Consolidated Plan Addendum: City Manager recommending approval of an addendum to the City’s Consolidated Plan for Housing and Community Development for Fiscal Years 2006 – 2010. Upon motion the documents were received and filed and Resolution No. 408-07 Resolution approving the FY 2007 addendum to the Consolidated Plan for housing and community development FY 2006-2010 was adopted. Board and Commission Resignations: Rachel Savage submitting her resignation from the Housing Commission. Ken Bichell submitting his resignation from the Zoning Advisory Commission. 3 Mary Lynn Neumeister submitting her resignation from the Long Range Planning Advisory Commission. Upon motion the documents were received, filed and resignations accepted. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development acknowledging receipt of the City’s amendment to the Fiscal Year 2007 CDBG Annual Action Plan. Communication from the U.S. Department of Housing and Urban Development expressing appreciation for the City of Dubuque’s participation in the National Call to Action for Affordable Housing through Regulatory Reform. Upon motion the documents were received and filed. 2008 Fireworks Display: Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and The River requesting permission to conduct a fireworks display on Thursday, July 3, 2008 (rain date of July 4, 2008) on Volunteer Road. Upon motion the documents were received, filed, and approved. Legislative Correspondence: Communication to Congressman Bruce Braley urging support for the Energy Efficiency Block Grant program. Communication from Tom Cochran, The United States Conference of Mayors, urging support for the Energy Efficiency Block Grant program. Upon motion the documents were received and filed. Comprehensive Plan Goals: City Manager submitting City Attorney Lindahl’s suggested revisions to the Long Range Planning Advisory Commission’s recommended updates to the 2002 Comprehensive Plan. Motion by Braig to receive and file the documents. Seconded by Connors. Braig explained the review process for the Comprehensive Plan and said there will be a public hearing prior to adopting the plan. Michalski said that the implication that these are City goals remains an unresolved, primary concern for her. She said that some goals are not the City’s responsibility such as funding certain aspects, for which the cost can be shared or the sole responsibility of the City. Cline said that public input has been incorporated. She suggested concerns be referred to the City Attorney for direction. Motion carried 7-0. City Manager Employment Agreement: Submittal of the Seventeenth Amendment to the City Manager’s Employment Agreement for approval. Upon motion the documents were received, filed, and approved. City Attorney Compensation: Upon motion Resolution No. 409-07 Establishing the compensation of the City Attorney was adopted. Downtown Area Parking Needs Study: City Manager recommending approval of the issuance of a Request for Qualifications to complete a Downtown Area Parking Needs Assessment Study. Upon motion the documents were received, filed, and approved. Establishment of Fair Market Value – 625 Gillespie Street: City Manager recommending approval of establishing the fair market value of the property located at 625 Gillespie Street for nd purposes of acquisition of the property for expansion of the 32 Street storm water detention basin. Upon motion the documents were received and filed and Resolution No. 410-07 Establishing the fair market value of certain real property owned by the estate of Arthur P. Frommelt in the City of Dubuque, Iowa, was adopted. 4 Quarterly Investment Report: City Manager submitting the June 30, 2007 Quarterly Investment Report. Upon motion the documents were received and filed. US 52 North Storm Sewer Improvements: City Manager recommending approval of a cooperative agreement with the Iowa Department of Transportation (IDOT) for the U.S. 52 North Storm Sewer Improvement Project. Upon motion the documents were received and filed and Resolution No. 411-07 Approving the Cooperative Agreement between the Iowa Department of Transportation and the City of Dubuque establishing or improving an extension of Primary Road No. U.S. 52 was adopted. Sewer Cured-in-Place Pipe (CIPP) Lining Project: City Manager recommending award of the public improvement contract for the Sewer Cured-in-Place Pipe (CIPP) Lining Project to Visu-Sewer Clean and Seal in the amount of $177,865. Upon motion the documents were received and filed and Resolution No. 412-07 Awarding public improvement contract for the CIPP Lining Project to Visu-Sewer Clean and Seal was adopted. Iowa Great Places Grant Agreement: City Manager recommending approval of the grant agreement with the Iowa Department of Cultural Affairs for the Bi-Lingual Bike/Hike Trail Signage Project. Upon motion the documents were received and filed and Resolution No. 413- 07 Authorizing a grant agreement for an Iowa Great Places Grant for the Bi-Lingual Bike/Hike Trail Signage Project was adopted. Improvement Contracts/Performance, Payment and Maintenance Bonds: US 52 North Storm Sewer Improvement Project, Grand River Center Carpet Replacement Project, Third Street Overpass Light Replacement Project, Star Brewery Drive Construction Project. Upon motion the documents were received and filed and Resolution No. 414-07 Approving public improvement contracts and bonds was adopted. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 415-07 Granting the issuance of two renewal permits to sell cigarettes and cigarette papers in the City of Dubuque; Resolution No. 416-07 Granting the issuance of a Class “C” Beer Permit to Sid’s Beverage Store; and Resolution No. 417-07 Granting the issuance of a Class “C” Beer/Liquor License to Club Phoenix, Shannon’s Bar and Grill, and the Ten Pin Tap; a Special Class “C” Liquor License to Bell Tower Productions; a Class “B” Wine Permit to Sid’s Beverage Store; a Class “WBN” Native Wine Permit to Bricktown Brewery; and a Special Class “C” Liquor License (5-Day Special Event) to Dubuque Jaycees for August 17, September 7, and October 6, 2007, were adopted. Issuance of Not to Exceed $25,000,000 of Urban Renewal Tax Increment Revenue Bonds and Port of Dubuque Public Parking Ramp Bid Award: City Manager advising that the special City Council meeting to approve the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds and the Port of Dubuque Public Parking Ramp bid award has been changed to Wednesday, August 22, 2007 at 5:00 p.m. in the Library Auditorium. Upon motion the documents were received and filed. ITEM TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the documents, set the public hearing as indicated, and 5 direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. Disposal of Previously Vacated Alley: City Manager recommending that a public hearing be set for August 20, 2007, to consider approval for the disposition of the City’s interest in Lot 19A of Union Avenue Subdivision to Greg F. and Dawn M. Swift. Upon motion the documents were received and filed and Resolution No. 418-07 Resolution of intent to dispose of City interest in Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on August 20, 2007, in the Public Library Auditorium. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. No applicants spoke. Building Code Board of Appeals: One 3-year expired term through August 1, 2010 (Term of Jahns, Journeyman/Carpenter); One 3-year expired term through August 2, 2010 (Term of Kolf, Architect/Engineer); One 3-year expired term through August 1, 2008 (Term of Gudenkauf, At Large), One 3-year expired term through August 1, 2009 (Term of Carr, General Contractor), One 3-year expired term through August 1, 2009 (Term of Luchsinger, At Large). Applicants: John Schwendinger (Journeyman/Carpenter), James Kolf (Architect/Engineer), No applicant (At-Large), Chuck Carr (General Contractor), Richard Luchsinger (At-Large). Housing Commission: Three 3-year expired terms through August 17, 2010 (Terms of Eddy, Schwendinger, and Kapler). One 3-year vacant term through August 17, 2009 (Term of Savage). Applicants: Char Eddy; Erica Johnson; Judie Root; Dorothy Schwendinger, OSF. Transit Board of Trustees: One 3-year expired term through July 30, 2010 (Term of Stedman). Applicants: Harry Bemis, Ruth Scharnau, Don Stedman. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Cancer Survivor Park Lease Agreement: Proof of publication on notice of hearing to consider disposing of interest in real property by lease agreement with The Finley Hospital for the Cancer Survivor Park and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 419-07 Disposing of an interest in real property by lease with The Finley Hospital. Seconded by Jones. Motion carried 7-0. Water Revenue Capital Loan Notes: Proof of publication on notice of hearing to consider approval of the issuance of $1,037,000 Water Revenue Capital Loan Notes and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 420-07 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of $1,037,000 Water Revenue Capital Loan Notes. Seconded by Cline. Motion carried 7-0. Eagle Point Water Plant Clear Well Rehabilitation Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Eagle Point Water Plant Clear Well Rehabilitation Project and City Manager 6 recommending approval. Motion by Michalski to receive and file the documents and adopt Resolution No. 421-07 Approving plans and specifications, form of contract, and estimated cost for the Eagle Point Water Plant Clear Well Rehabilitation Project. Seconded by Jones. Motion carried 7-0. Five Flags Sidewalk Replacement Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Five Flags Sidewalk Replacement Project and recommending award of the public improvement to Portzen Construction, Inc., in the amount of $179,937.65, and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 422-07 Approving plans and specifications, form of contract, and estimated cost for the Five Flags Sidewalk Replacement Project, and Resolution No. 423-07 Awarding public improvement contract for the Five Flags Sidewalk Replacement Project to Portzen Construction, Inc., in the amount of $179,937.65. Seconded by Jones. Motion carried 7-0. Art’s Way / Vessel Inc. Development Agreement: Proof of publication on notice of hearing to consider approval of a development agreement with Art’s-Way Vessel’s, Inc., the sale of 5.97 acres of land in Dubuque Industrial Center West and the use of Tax Increment Financing for the project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 424-07 Approving a Development Agreement providing for the sale of 5.97 acres in the Dubuque Industrial Center West to Art’s Way Vessels, Inc. Seconded by Jones. Mark Klausner, Marke LLC, and Arts’ Way Vessels, Inc. President E. W. Muehlhause both spoke regarding the development agreement. Lynch questioned when tenant Art’s Way will be out of the current building and was told they would be up and running approximately mid-November of this year. Lynch said that he would vote in favor of the development agreement but urged the two parties to work out their differences quickly. Van Milligen said that the development agreement stated building construction was to be finished December 31, 2007. Michalski questioned the configuration of the building. Klausner requested for the record that he needs the building Art’s Way is currently occupying vacated by October 4. He said the tenant was given one-year’s notice to vacate and they are still not out. Buol said that was not a City issue. Connors reiterated that the Council is approving the development agreement only and that she was in favor of it. Braig asked if the new building is not constructed, is the City protected. City Attorney Lindahl said that the agreement has default provisions. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Five Flags Civic Center Update: Joyce White, General Manager of the Five Flags Civic Center, provided a presentation on activity level in Fiscal Year 2007 and projected activity level for Fiscal Year 2008. Motion by Cline to receive and file the documents. Seconded by Connors. Michalski said she was pleased with the success of Five Flags over the last couple of years. Motion carried 7-0. 7 Warehouse District Revitalization Strategy: City Manager recommending adoption of the Warehouse District Revitalization Strategy. Presentation by Dan LoBianco, Dubuque Main Street, and Tim McNamara, Wilmac Co. and Property Owner, regarding the Warehouse District Revitalization Strategy. Motion by Michalski to receive and file the documents and adopt Resolution No. 425-07 Adopting the Warehouse District Revitalization Strategy. Seconded by Jones. Motion carried 7- 0. John F. Kennedy Road Sidewalks – Asbury Road to the Northwest Arterial: City Manager providing information regarding the installation of sidewalks on John F. Kennedy Road from Asbury Road to the Northwest Arterial and requesting Council direction. Motion by Jones to receive and file the documents and direct staff to proceed with the project. Seconded by Connors. Michalski questioned if the City would pay for retaining walls with installation being required by November. She said maps contribute to the safety issue as they randomly appear and disappear and recommended staying open to exemptions. Cline asked if the bus shelter will be ADA accessible – not on Owen Court. City Engineer Psihoyos said that there is only one shelter in this corridor. Jones asked if there would be a public hearing and said there is a need for engineering facts and to weigh the benefits and costs. Since there may not be a need for sidewalks on every side of every block, a rational plan is needed. Van Milligen said that there are no solid dates. An assessable sidewalk project is time consuming and includes a public hearing. He wants to know if the interest is there. Braig said maps are appreciated and favored a public hearing. The City could make exemptions, but the sidewalks are necessary and part of the price residents pay for living in the City. Lynch was in agreement only if there is an option for Gordon Drive residents. He said there is more of a want for the project than a need, and he couldn’t support a blanket policy. Connors said common sense should prevail and that giving one exemption will lead to giving many more. She reiterated that the concept of planned and managed growth includes sidewalks. Buol concurred with Lynch adding that Gordon Drive residents will never be able to keep the section of sidewalk JFK Road that abuts their property clear of snow and slush. He said that it would take a lot to convince him of a need for a sidewalk on the Gordon Drive side of JFK Road. Motion carried 7-0. 2007 Art on the River: Communication from the Arts and Cultural Affairs Advisory Commission requesting City Council concurrence with the selection of artwork for the 2007 Art on the River Competition. Motion by Cline to receive and file the documents and approve. Seconded by Connors. Motion carried 7-0. Fiscal Year 2007 and 2008 Annual Action Plan Amendment – Economic Development Loans: City Manager recommending approval of an amendment to the Fiscal Year 2007 and Fiscal Year 2008 Annual Action Plans for the City’s Community Development Block Grant (CDBG) program to provide for forgivable loans and grants for economic development activities. Motion by Connors to receive and file the documents and adopt Resolution No. 426- 07 Approving amendment to the Fiscal Year 2007 (Program Year 2006) and Fiscal Year 2008 (Program Year 2007) Annual Action Plans for Community Development Block Grant funds. Seconded by Lynch. Motion carried 7-0. Cottingham and Butler Development Agreement: City Manager recommending approval of a Development Agreement with Cottingham and Butler for rehabilitation of the Security Building located at 800 Main Street. Motion by Cline to receive and file the documents and adopt 8 Resolution No. 427-07 Approving a Development Agreement for Cottingham and Butler’s Security Building project. Seconded by Jones. Motion carried 7-0. Vacant/Abandoned Building Ordinance: City Manager recommending approval of an amendment to the Vacant and Abandoned Buildings Ordinance that includes minor changes regarding code violations and extends the period of time that the building is unoccupied from six continuous months to twelve continuous months. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 44-07 Amending Article VII of the City of Dubuque Code of Ordinances Licensing of Vacant and Abandoned Buildings. Seconded by Connors. Michalski said that she is concerned about enforcement and urged the City to be committed to enforcement. Van Milligen said that staff is working toward that commitment and will be recommending future changes to the Ordinance. Motion carried 7-0. Second Amendment to Port of Dubuque Public Parking Facility Development Agreement: City Manager recommending approval of the second amendment to the Port of Dubuque Public Parking Facility Development Agreement. Motion by Cline to receive and file the documents and adopt Resolution No. 428-07 Approving the Second Amendment to the Port of Dubuque Public Parking Facility Development Agreement. Seconded by Michalski. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol acknowledged the presence of Girl Scout Troop 7264. Braig commended the troop for doing a good job. Van Milligen introduced Administrative Intern Cori Burbach. There being no further business, upon motion the meeting was adjourned at 8:36 p.m. /s/Jeanne F. Schneider, CMC City Clerk 1t 8/15 9